The Blagojevich administration says the move will save money on space leased for the workers and will help the economically depressed southern part of the state.

The Springfield-area lawmakers aren’t buying that, noting that there appears to be plenty of room for the workers in existing state office buildings.

Bomke said a local attorney recently brought to his attention a section of state law that could restrict the ability of a governor to transfer state government jobs out of Springfield.

Bomke would not release the name of the attorney, but he said the Seat of Government Act could be a way to retain the workers. The act states that government shall continue to be in Springfield and all government business should be conducted here.

The act, 5 ILCS 190/1, provides a stipulation that involves a public health emergency or public danger, in which case the governor has the right to relocate activities.

“We’re still talking to our staff attorneys and we’re looking at different options,” Brauer said. “Our best option would be to sit down with the governor and work this out with him. We want to keep our workers here with their families and where their kids are going to school.”

Brian Williamsen, spokesman for IDOT, said in an e-mail that the move to southern Illinois is part of an overall effort across state government to operate agencies more efficiently.

“This will stimulate the economy of a region of our state where numerous counties are in the top 10 for unemployment rates,” he said. “This will have a positive impact on the economy of southern Illinois and the DTS will run efficiently from its new location.”

Williamsen said the governor has the authority to relocate the jobs because of the Civil Administrative Code of Illinois, which states that each department shall maintain a central office in Springfield, but that the director of each department may relocate divisions to places other than Springfield.

Bomke said he is waiting to pursue a legal challenge because he believes the situation could change.

“All we want is Traffic Safety to stay here, and if that happens, we won’t pursue it,” he said. “If it doesn’t, then we will have our legal people look at it to see if (there are) grounds for us to sue.”

Meagan Sexton can be reached at (217) 782-6882.

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